Applying for ILR for my wife but told...

[MikeForan]

We have been married for nearly 3 years and my wife had her spousal visa for nearly 2 years but she did not stay in the UK for that period because she had her business to run. She only came to UK for 4 times for 1 month each in the last 2 years or so.

I am extremely worried now because she will soon need to apply for her ILR and they may object due to her lack of stay with me in the UK. Our marriage is very strong but convincing the immigration officer may be difficult. I am told by a friend that she cannot apply for an ILR because she has not spent 2 years in the UK. Is that true?

Further, I am told that if she told the truth that she was away from UK because of her business then there may be a problem obtaining visa on the ground that she has strong links in her home country. Is that true?

When will we need to apply for her visa because it is expiring in 6 weeks and she is not arriving for another 2 weeks?

Please help as we are very worried.

[Ben]

She only came to UK for 4 times for 1 month each in the last 2 years or so.

4 months is 24? I may be wrong, but don't believe your wife would be considered a UK resident and so entitled to apply for ILR.

A spouse visa is a settlement visa. Surely, if she spends such little time in the UK, a visitor's visa would be more appropriate?

[owais210]

I would second benifa's thoughts on this.

The reality is you wont find out anything until you apply.
Has she actually passed a life in the Uk test.. this is compulsory for an ILR application unless of course she is exempt by the rules as stated in application form.

I would imagine that,argument will be her not staying with you in general, and as such it will be best if she applies for extension of her stay as your partner rather than the ILR.

On the other hand wait for some seasoned campaigner here they will come up with good advice.
goodluck.

[republique]

We have been married for nearly 3 years and my wife had her spousal visa for nearly 2 years but she did not stay in the UK for that period because she had her business to run. She only came to UK for 4 times for 1 month each in the last 2 years or so.

I am extremely worried now because she will soon need to apply for her ILR and they may object due to her lack of stay with me in the UK. Our marriage is very strong but convincing the immigration officer may be difficult. I am told by a friend that she cannot apply for an ILR because she has not spent 2 years in the UK. Is that true?

Further, I am told that if she told the truth that she was away from UK because of her business then there may be a problem obtaining visa on the ground that she has strong links in her home country. Is that true?

When will we need to apply for her visa because it is expiring in 6 weeks and she is not arriving for another 2 weeks?

Please help as we are very worried.

that would not preclude her from getting ilr via spouse

[MikeForan]

I would second benifa's thoughts on this.

The reality is you wont find out anything until you apply.
Has she actually passed a life in the Uk test.. this is compulsory for an ILR application unless of course she is exempt by the rules as stated in application form.

I would imagine that,argument will be her not staying with you in general, and as such it will be best if she applies for extension of her stay as your partner rather than the ILR.

On the other hand wait for some seasoned campaigner here they will come up with good advice.
goodluck.

Thanks everyone for your replies.

I wasn't aware that "Life in the UK" test is compulsory for ILR. I thought that was for Citizenship.

So in your opinion, an "extension visa" may be appropriate? I am concerned that she may not have enough time to apply for extension because when she arrives back, she will only have about 4 weeks before her 2 year visa expires. If the extension visa is not processed before expiry of her visa, then technically she is overstaying, could that be an issue?

I am also told that she could be refused entry because the immigration officer may say that she will overstay as she hasn't enough time to apply and get extension on her visa. Is that true?

I am very worried, what is the best way forward?

[republique]

I would second benifa's thoughts on this.

The reality is you wont find out anything until you apply.
Has she actually passed a life in the Uk test.. this is compulsory for an ILR application unless of course she is exempt by the rules as stated in application form.

I would imagine that,argument will be her not staying with you in general, and as such it will be best if she applies for extension of her stay as your partner rather than the ILR.

On the other hand wait for some seasoned campaigner here they will come up with good advice.
goodluck.

Thanks everyone for your replies.

I wasn't aware that "Life in the UK" test is compulsory for ILR. I thought that was for Citizenship.

So in your opinion, an "extension visa" may be appropriate? I am concerned that she may not have enough time to apply for extension because when she arrives back, she will only have about 4 weeks before her 2 year visa expires. If the extension visa is not processed before expiry of her visa, then technically she is overstaying, could that be an issue?

I am also told that she could be refused entry because the immigration officer may say that she will overstay as she hasn't enough time to apply and get extension on her visa. Is that true?

I am very worried, what is the best way forward?

If you want to apply for ILR, you can still arrange for her to take the life in the uk test when she gets back, you can set up an appt for her on the phone now as it is very difficult to get an appt quickly. Although she should read up on it, perhaps order the books for her online for her. She could probably read it during the plane trip and pass
If her visa is valid, he can not turn her away.
I don't understand this concern with having enough time to apply for extension. All you have to do is put it in the mail the day before extension.

Also use the search function
you would find helpful threads for your situation
See http://www.immigrationboards.com/viewto ... +residency

[AncientAlien]

We have been married for nearly 3 years and my wife had her spousal visa for nearly 2 years but she did not stay in the UK for that period because she had her business to run. She only came to UK for 4 times for 1 month each in the last 2 years or so.

I am extremely worried now because she will soon need to apply for her ILR and they may object due to her lack of stay with me in the UK. Our marriage is very strong but convincing the immigration officer may be difficult. I am told by a friend that she cannot apply for an ILR because she has not spent 2 years in the UK. Is that true?

Further, I am told that if she told the truth that she was away from UK because of her business then there may be a problem obtaining visa on the ground that she has strong links in her home country. Is that true?

When will we need to apply for her visa because it is expiring in 6 weeks and she is not arriving for another 2 weeks?

Please help as we are very worried.

Hi Good people

I know some us us are struggling with finances and some can't even get a job until they get a decision with their passports from the HO. Therefore, it is EXPENSIVE calling those 0870/0845xxxxxxxxx numbers that the Home office generally provides.
Don't give up, now you can call Home Office for free, just check out www.saynoto0870.com and you will be provided with a local 0208/0151/0161xxxxxx number where you can contact HO for FREE! The actual number is 01516725626. (But log on to www.saynoto0870.com and confirm for yourself)
Especially if you have a pay monthly home or mobile telephone contract. You can still call from a pay as you go mobile but the charge rate will be like you are calling your neighbour next door on any 0208xxxxxxxx number.
Good luck Razz (Please share with others if it works for you!)

[MikeForan]

If her visa is valid, he can not turn her away.

I don't understand this concern with having enough time to apply for extension. All you have to do is put it in the mail the day before extension.

Thanks for your insight. My understanding of immigration and Visa was that one must have a valid visa to stay in the country. If one has a valid visa but returns to the country without having enough time to obtain the visa before expiry of the original visa (due to processing time etc) then one is deemed to be overstaying and it would be classed illegal stay. Perhaps I am wrong and the rules may not be as strict as I think they are? That's why I was worried that she may not have enough time.

[UKBAbble]

If her visa is valid, he can not turn her away.

I'm afraid that's just not true. People with 'valid' visas have them cancelled and are refused entry all the time. The visa can be cancelled for various reasons, including if there has been a significant change of circumstances since the issue.